Op-Ed: “No Automatic Recognition required for Member States regarding the Refugee Status granted in another Member State (C-753/22, QY v Bundesrepublik Deutschland)”

On 18 June 2024, the Grand Chamber of the Court of Justice ruled that a Member State is not required to automatically recognise a refugee status granted in another Member State (QY v Bundesrepublik Deutschland (Effect of a decision granting refugee status)) (C-753/22).

As EU law currently stands, Article 78(2)(a) TFEU does not oblige Member States to recognise the refugee status granted by another Member State. Article 33(1) and (2)(a) of Directive 2013/32/EU (Procedure Directive) brings about the possibility for a Member State to reject as inadmissible an application for international protection made by an applicant when ‘another Member State has already granted such protection’. However, the Court of Justice points out that the